Current through Register Vol. 35, No. 6, March 26, 2024
A. The commission may suspend or revoke or
refuse to renew a license for any one or any combination of the following
causes:
(1) incompetence;
(2) dishonest practice;
(3) false or fraudulent representation in
obtaining a license under this rule;
(4) failure to comply with any of the
provisions of the Weather Control Act, this rule or applicable state, tribal or
federal law; or
(5) aiding other
persons who fail to comply with any of the provisions of the Weather Control
Act, this rule or applicable state, tribal or federal law.
B. When it appears to the weather control
committee that a threat to life or property exists or is imminent, or the
commission or its staff has been notified of a probable impending emergency or
the operation fails to maintain compliance with this rule, the weather control
committee may summarily order the operator to immediately suspend, terminate or
modify all operations within the area affects by such operations.
(1) Notification of suspension, modification
or termination of an operation shall be given in the most expeditious manner
under the circumstances.
(2)
Regardless of the manner of initial notification, it is to be followed within
two (2) business days by facsimile or a certified letter of particulars
addressed to the licensed holder stating the time and place for holding a
hearing on the question of taking permanent action to modify or cancel the
license.
(3) In the event that the
weather control committee summarily suspends or modifies a license, it shall
issue a report to the commission for its consideration at its next regularly
scheduled meeting. The commission may hold an informal hearing on the matter to
allow any person who would qualify as a hearing participant a reasonable
opportunity to be heard on this issue.
(4) Whether or not the commission reinstates
operations, and when such reinstatement may take place, will depend, among
other things, upon the conditions that develop within the operations area and
target area and if the requirements of the Weather Control Act, this rule,
applicable state, trial and federal law and the commission are met.
(5) The commission or the weather control
committee may initiate any necessary actions in a court of competent
jurisdiction in the event that the operator fails to adhere to any order under
this section.
C. Each
license issued will include suspension criteria regarding operations that shall
be applied to protect life and property.
D. Failure of the operator to notify the
commission's staff of an existing or impending or reasonably foreseeable
emergency threat to life or property is grounds for cancellation of the license
and immediate termination of the operation.
